THE right of a child not to be detained except as a measure of last resort have been confirmed by the Constitutional Court‚ which ruled on Thursday that a Johannesburg teenager could go ahead with a claim for damages against the state.Joyce Raduvha wants damages from the Minister of Safety and Security after she was arrested without a warrant. She was 15 years old at the time.The police officers were responding to a complaint of assault and resultant breach of a protection order against her mother in April 2008. When her mother was arrested‚ the teen physically intervened and was ultimately arrested for obstructing the police officers.She and her mother were detained together in a cell at Brixton Police Station for a period of 19 hours. Both were released on warning the next day. The Public Prosecutor later declined to press charges.Raduvha instituted an action in the South Gauteng High Court for damages arising from her arrest and detention. But the High Court dismissed her claim o...
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